Opinion
No. 04-15-00630-CR
02-10-2016
Troy Stanley STAIR, Appellant v. The STATE of Texas, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 14-0709-CR-B
The Honorable William Old, Judge Presiding
ORDER
Appellant's brief was due January 15, 2016, but was not filed. The clerk of this court notified appellant of the deficiency by letter dated January 20, 2016. See TEX. R. APP. P. 38.8(b)(2). The letter required appellant to respond in writing within ten days, explaining why the brief has not been filed and demonstrating that counsel has taken affirmative steps to prepare and file the brief.
Therefore, pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellant Procedure, we ORDER this appeal abated, remand the case to the trial court, and ORDER the trial court to conduct a hearing to answer the following questions:
(1) Does appellant desire to prosecute his appeal?
(2) Is appellant indigent?
(a) If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
(b) If the trial court finds that appellant is not indigent, the trial court should determine whether appellant has made the necessary arrangements for filing a brief.
(3) Has appointed or retained counsel abandoned the appeal? Because initiating contempt proceedings against appellant's counsel may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing. See TEX. R. APP. P. 38.8 (b)(4).
The trial court may, in its discretion, receive evidence on the first two issues by sworn affidavit from the appellant. The trial court shall, however, order appellant's counsel to be present at the hearing. We note appellant appears to be representing himself pro se on appeal, but was represented by appointed counsel during trial. The clerk's record contains an order granting appointed trial counsel's motion to withdraw.
We further ORDER the trial court to make written findings and conclusions on these issues within thirty days of the date of this order. We ORDER the court reporter and the district clerk to file in this court, on or before March 28, 2016, (1) a reporter's record of the hearing, and (2) a supplemental clerk's record containing the court's written findings of fact, conclusions of law, and recommendations addressing the above issues. See id. R. 38.8(b)(3).
We order the clerk of this court to serve a copy of this order on the trial court, the district clerk, the court reporter, and all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court